Legal Definitions - indefensus

The term indefensus refers to an individual who, when faced with a legal claim or accusation, fails to formally respond or present a defense in court. This concept originated in Roman law and later found similar application in English legal systems. Essentially, it describes someone who does not engage with the legal process to protect their own interests, often leading to a judgment being made against them by default.

Here are some examples illustrating the concept of an indefensus person:

• Civil Lawsuit for Debt: Imagine a person who has fallen behind on credit card payments. The credit card company files a lawsuit against them to recover the outstanding balance. The individual receives the official summons and complaint but, due to financial stress or a misunderstanding of the legal process, never files a formal answer with the court or appears for any scheduled hearings. In this situation, the individual would be considered indefensus because they failed to make a defense or plea to the action, likely resulting in a default judgment against them.

• Property Dispute: Consider a scenario where two neighbors have a disagreement over the exact boundary line between their properties. One neighbor decides to file a lawsuit asking the court to legally establish the correct boundary. The other neighbor, despite being properly served with all the legal documents, believes the lawsuit is frivolous and simply ignores it, never filing any response or appearing in court. This neighbor would be acting as an indefensus party, allowing the court to potentially rule in favor of the first neighbor without hearing their side of the story.

• Administrative Hearing for Professional Misconduct: A licensed professional, such as an accountant, is accused by their state licensing board of violating ethical guidelines. The board sends them a formal notice of a hearing where they can present their case. The professional, perhaps out of defiance or a belief that the process is unfair, chooses not to attend the hearing, submit any written defense, or appoint legal representation. By failing to respond to the formal action initiated by the licensing board, the professional acts as an indefensus individual, leaving the board to make a decision based solely on the evidence presented against them.